Form SEND35
| Published date | 21 March 2018 |
| Subject Matter | Special Educational Needs and Disability Tribunal forms |
1
Application for appeal
Child or young person
Special Educational Needs and Disa bility Tribunal
SEND35 - Application for appeal - Child or young person (02.19) © Crown copyright 2019
Who can bring an appeal?
Appeal concerning a Child
An appeal concerning a child aged 0 – 16 years can be brought by a parent or parents, someone with parental
responsibility or someone who cares for a child. That person can appoint a representative to act on their behalf during
the appeal process including at the hearing if they wish to do so. They can also have an additional person, a parental
supporter, to attend an appeal hearing to give them further support.
Appeal about a Young Person
A Young Person is aged 16 or over and under 25 years old
It should always be presumed that a Young Person has the mental capacity to make an appeal to the Tribunal. An appeal
made by a Young Person will often be with the support of an advocate. An advocate can be a parent, family member or
other individual, including someone who is paid to do so. A Young Person can also appoint a representative to act on
their behalf during the appeal process, including at the hearing.
If a Young Person cannot bring an appeal themselves – making an appeal as an Alternative Person?
If a Young Person does not have the mental capacity to bring an appeal and/or to make decisions about the appeal
then it can be brought by an Alternative Person, acting in the best interest of the young person. This will be any Deputy
appointed by the Court of Protection or if this has not happened, then usually, a young person’s parents. It could also be
a family member or someone from the LA’s Social Care team. The Tribunal will still want to know what the Young Person’s
views are on the issues in the appeal but it is the views of the Alternative Person which they will consider in deciding the
appeal. An Alternative Person can also appoint a representative during the appeal process including at the hearing if
they wish to do so.
Who can be an advocate?
An advocate is someone who knows the young person, who understands what they think about the issues in the appeal
and so can speak on the young person’s behalf. They can be a parent, family member, friend or a paid advocate. They are
not someone who can give advice on the issues in the appeal.
Who can be a representative?
A representative is someone who will give advice on the issues in the appeal, prepare the paperwork and represent the
person making an appeal to the Tribunal. They can also be an advocate. They could be a volunteer from a charity, a paid
representative, a solicitor or barrister.
Most appeals to the Tribunal are made without a Representative. The Tribunal will support both parties through the
process of making an appeal to ensure that it is decided fairly and justly.
About this form
This form helps you provide all the information the Tribunal requires to register an appeal. It will also ensure that your
appeal contains all the necessary details which the law requires.
How to ll in this form
Please use BLOCK CAPITALS unless the form tell you not to, or complete the form electronically and send to the tribunal.
Contact Details
The tribunal's preferred methods of communication are by email, phone or text. Therefore, it is crucial that you let the
tribunal know of any change of email address, phone number or postal address.
To continue reading
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